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  • jetguy777
    07-29 12:16 PM
    This is Ron Gotcher's view. I am not advocating his position just posting for the benefit of IV members who may have not read his post regarding forward movement in EB2-India.

    Some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.





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  • yetanotherguyinline
    09-04 07:59 PM
    yetanotherguyinline,

    You may not care, but many members do care about what's happening in India.

    I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.

    I will probably not respond to future posts but I request admins to consider closing and deleting this thread.





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  • grupak
    02-15 07:28 PM
    as always.

    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.

    Thanks for the data, I had a feeling some countries were using F1 more than others. Good to have the facts straight.

    This discussion is really not going anywhere. Lets stick with IV agenda and action items.





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  • snathan
    03-30 04:03 PM
    Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.

    Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?

    Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.



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  • gc4me
    03-28 02:37 PM
    Looks like we have 45 days after the rule goes in effect. Please read the following text.
    Will you please tell us which text you are refering to?


    (b) Expiration of labor certifications. For certifications
    resulting from applications filed under this regulation and the
    regulation in effect prior to March 28, 2005:
    (1) An approved permanent labor certification granted on or after
    [effective date of the final rule] expires if not filed in support of a
    petition with the Department of Homeland Security within 45 calendar
    days of the date the Department of Labor granted the certification.
    (2) An approved permanent labor certification granted before
    [effective date of the final rule] expires if not filed in support of a
    petition with the Department of Homeland Security within 45 calendar
    days of [effective date of the final rule].
    (c) Scope of validity. For certifications resulting from
    applications filed under this regulation and the regulation in effect
    prior to March 28, 2005:
    (1) A permanent labor certification for a Schedule A occupation or
    sheepherders is valid only for the occupation set forth on the
    Application for Alien Employment Certification (ETA Form 750) or the
    Application for Permanent Employment Certification (ETA Form 9089) and
    only for the alien named on the original application, unless a
    substitution was approved prior to [effective date of the final rule].
    The certification is valid throughout the United States unless the
    certification contains a geographic limitation.
    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).


    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm





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  • indiancitizen77
    09-05 10:32 PM
    This was the response I got 3 years ago when I enquired, but I believe the process is different for each province in Canada, and you may want to talk to the person below for more details. Life after internship/residency is not that lucrative in Canada. You may be better off in the Middle East.

    ************************************************** ******

    If graduating from an accredited medical college in he United States, he/she will have substantially less difficulty obtaining his/her license to practice medicine in Canada.

    He/She will have to complete the qualifying examinations that are administered by the Medical Council of Canada. There are two of these exams. Information about these exams can be found at http://www.mcc.ca. He/She should not have to worry about being subjected to the international medical graduate programs since American schools have their degrees recognized by the licensing bodies in Canada.

    Contact Info

    Scott Butler
    Member Relations/Project Manager
    Association of International Physicians and Surgeons of Ontario (AIPSO)
    2 Carlton Street, Suite 1004
    Toronto, ON M5B 1J3

    Phone: (416) 979-8611 x 4301
    Fax: (416) 979-9853
    Email: membershipaipso AT cassa.on.ca
    Web: http://www.aipso.ca
    ************************************************** ******
    Check out these links:
    http://www.readersdigest.ca/mag/2004/08/doctors.html
    http://www.aipso.ca/doctors_in_waiting.htm
    http://www.justlanded.com/english/canada/tools/forums/jobs/qualifications_for_foreign_doctors_in_canada/foreign_doctors_in_canada
    http://www.canadaimmigrants.com/forum_2.asp
    Lots of links out there, you'll have to do some research.
    Thanks for the Information Sertasheep. I guess the middle East especially Dubai is a good option too. I guess the taxes would not be the issue unlike in Canada.



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  • snathan
    01-15 10:57 AM
    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit

    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.





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  • sukhwinderd
    05-25 12:07 PM
    http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.



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  • unseenguy
    08-17 02:40 PM
    Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.

    When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.

    Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.

    I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.





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  • vrbest
    07-31 03:40 PM
    Thank you samay for taking time to answer my question.
    My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.

    Originally Posted by vrbest View Post
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!



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  • voldemar
    02-13 12:25 PM
    And how do you support that argument please ?
    It's in the law. Read INA before going to bed.





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  • ItIsNotFunny
    04-20 10:46 AM
    I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

    Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

    Thank you.
    Based one information above, I would not go for this.



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  • dealsnet
    09-04 09:40 AM
    You are given a link for VHP site to say YSR is a christian terrorist. Did he made bombs, did he organize suicide bombing. Did he fly any plane to your home ???
    If you are so much against the Christians, why you are here (Christian majority country) ??
    You can live in your own village and do all pujas.
    You are a Hindu terrorist like Godse (killed Gandhi).
    May be FBI will contact IV to get your ID. (IP address)

    You may eat more sweets in Jail.

    Ohh yeah..he built Airports, Freeways, schools in each village!

    Improved irrigation..what did he improve other than giving away free money
    Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
    Per capita income..what he do to increase that?

    look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)





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  • siddhu98
    08-17 10:12 AM
    EB2 India - PD June 2006
    Currently on H1B and have I797 - I-94 until Oct 2010.
    Visa Stamp Expired June 2006.
    EAD approved for me and wife. My wife is using EAD.
    ---------------------------------------

    Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.

    Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.

    Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.

    Now, I am applying his passport renewal. My questions are,

    1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
    2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
    3. If we can validate the I94 here, what is the procedure?


    Thank you for addressing our questions/concerns.



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  • chanduv23
    02-13 10:11 AM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.

    I strongly feel IV is doing a commendable job with some dedicated contributors.

    Well - Thats what I have noticed, but people go nowhere nor do they do anything for themselves. More than interest, I think people do not want to get into these things, no one wants to take unwanted risks - as thats how people percieve it. A lot of people feel IVs protocols are tough - I don't think askig people to send letters is tough.

    Talking about organization's successes - IV is not a software company attracting people to buy shares or seek advantage - for the nth time - this is not a software or IT project or a wall street financial. WSe must come out of that mind sets.

    AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.

    We are having issues - green card delays - lets think of it as an ailment that needs to be cured. Now lets do something about it. Lets go to a doctor - a doctor does not guarantee that they will cure u but gives you advice, treats you and gives you medicine and asks you to follow certain protocols. That is exactly what IV is.

    Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried.

    Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes.

    Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit.

    Why are we individually so highly skilled and intelligent and capable but collectively so naive? Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united?

    What is success? How can we achieve success? Why are we finding excuses for not doing our part? Why do we always want to praise others but not do something?





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  • conchshell
    07-29 02:50 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.

    I think that its a reasonable analysis.



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  • indio0617
    06-28 07:31 PM
    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

    And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".

    It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.

    If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.





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  • bayarea07
    07-27 07:28 PM
    Kushal,
    Still waiting for your reply and your tax returns for previous years as you promised :-)



    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!





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  • longq
    02-13 07:10 PM
    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....

    No. You are wrong..
    202 (e)(3) will not applicable, because of (a)(5).

    The third point excempts that ..

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).





    kaisersose
    02-13 12:07 PM
    I think the US government wanted it this way.

    Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .

    This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.

    Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.

    Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.





    Lasantha
    12-14 03:53 PM
    OK, sorry then. I missed that. ;)

    Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.



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